Injustice Experienced By Anthony DeCiantis In Rhode Island
Anthony DeCiantis asserts this case demonstrates the lack of self discipline and self regulation in the legal profession. Lawyers and Judges routinely ignore the misconduct of their fellows with complete disregard for those negatively affected.
Caught.net was contacted by Atty. Chatfield (mentioned in this document) who stated: "Please be advised that the DeCiantis case was dismissed by the RI Supreme Court on other issues outside of anything to do with Richard Casparian's ineffective assistance of counsel. I cross-examined the Chief Public Defender, Richard Casperien on the stand, related to Mr. DeCiantis's post-conviction relief action, as requested by Anthony DeCiantis thoroughly on cross-examination including the allegation by Mr. DeCiantis that Attorney Casperian failed to adequately prepare and consult with his client in person. Attorney General Allen Shore represented the Chief Public Defender Attorney Casperian at the post-conviction hearing, DeCiantis says that I did not report Casperian to the Disciplinary Board and yet I still did not have direct proof from DeCiantis, as whether or not Casperian was lying. I simply did not ask all of the questions that the client had in his mind. Anthony DeCiantis has not been successful in his pursuit of anything that went wrong at the hearing, and any post-conviction petitions pending show no success. He never had any problems with my representation of him until AFTER the Supreme Court ruled against him on an appeal of the hearing. He is also serving two life sentences for murdering two occasions, three people." Atty. Chatfield pointed to 24 A3d 557 (2011), 840 A2d 1090 (2011), 813 A2d 986 (2011)
Complaint One
After two attempts to indict in 1983, Anthony DeCiantis was eventually indicted and convicted of murder in 6-7-1984 [Case No. P1/83-0418]. Mr. DeCiantis's appeal was affirmed by the R.I. Supreme Court. Mr. DeCiantis filed an application for post- conviction relief to address Public Defender Richard Casparian's ineffective assistance of counsel. In R.I. ineffective assistance of counsel can only be addressed using post-conviction remedies. Mr. DeCiantis asserts the following wrongdoing occurred in his case:
Prosecutor Kenneth Madden, deliberately prejudiced the Grand Jury by illegally eliciting evidence of prior crimes from witness Det. John McGehearty. Mr. DeCiantis's lawyer, public defender Richard Casparian, knew this illegal and unethical conduct took place to illegally prejudice his client and never moved to quash the indictment or sanction Prosecutor Madden's prosecutorial misconduct.
After being remanded from the Supreme court on February 11, 1988 a hearing was held on the ineffective assistance claims against Atty. Richard Casparian. Many issues were not raised by new counsel Arthur Chatfield III. Atty. Allen Shoer from the Attorney General's Office was Atty. Casparian's defense counsel at the post-conviction hearing. Evidence was provided at the hearing showing
- Atty. Casparian failed to adequately prepare and consult with his client in person and
- committed perjury and
- claimed to have visited DeCiantis numerous times prior to trial when he had not.
Atty. Allen Shoer not only represented Atty. Casparian but declined to prosecute his illegal conduct or move for sanctions as mandated by Supreme court Article V. Rule 8.3.
" A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority."
[Note: Shortly after the above events Atty. Shoer was hired by the public defender's office.] Mr. DeCiantis's Attorney, Arthur Chatfield III, also never reported this unethical conduct. Like Atty. Casparian, Atty. Chatfield did not address numerous issues of ineffective assistance of counsel, prosecutorial misconduct or withholding of evidence.
This case is now back before the courts in Case MP 98-0899 to address all of the issues that were suppressed or not properly addressed. Mr. DeCiantis hopes the new Attorney General will admit the truth and correct the illegal conduct of the past. Apparantly this is the result. Also see the travel of the case.
FOOD FOR THOUGHT
The Exercise Of Power Is The Fastest Acting Intoxicant Known To Man.
You Can Get Drunk Before You Know It.
Many times the reason or purpose for events in our life initially escapes us,
but I am certain we can find reason and/or purpose in everything that happens!
It takes a short time to learn to exercise power, but a lifetime to learn how to avoid abusing it.
We are no longer a country of laws, we are a country where laws are "creatively interpreted."
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